In what circumstances have the courts considered that if a police report to the judge that a suspect has admitted that they will be charged as a principal to murder and face the death penalty?

In People v. Brommel (1961) 56 Cal.2d 629, 15 Cal.Rptr. 909, 364 P.2d 845, the police told the suspect that unless he changed his story (he had denied beating his daughter) the police would write the word "liar" on their report to the judge. According to the court, this conduct constituted both a threat and an implied promise of leniency which rendered the subsequent confession inadmissible.

In People v. McClary, supra, 20 Cal.3d 218, 142 Cal.Rptr. 163, 571 P.2d 620, the police repeatedly branded defendant a liar, told her that unless she altered her statement and admitted the true extent of her involvement, she would be charged as a principal to murder and would face the death penalty. In doing so, according to the court, "the officers strongly implied that if defendant changed her story and admitted mere 'knowledge' of the murder, she might be charged only as an accessory after the fact." (Id. at p. 229, 142 Cal.Rptr. 163, 571 P.2d 620.)

In People v. Jimenez, supra, 21 Cal.3d 595, 147 Cal.Rptr. 172, 580 P.2d 672, the police told the defendant that he could be subject to the death penalty. The defendant testified that "he was scared by this talk about the death penalty and that he made his statements to the officers because [the police] had told him that if he talked about the case, [the police] would tell the jury and the jury would go lighter on him." (Id. at p. 611, 147 Cal.Rptr. 172, 580 P.2d 672.)